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SEA in Europe:
Main principles, key benefits and
challenges of its implementation

          Martin Smutny
              Jakarta
          July 10th, 2012
Europe
• Covers altogether 46 countries + 3 countries only partially
  (Kazakhstan, Russia and Turkey)
• European Union consists of 27 countries – EU member states (12
  countries joined only in 2004 or later – so called “EU new MSs”)
• There are significant differences among European / EU states
  regarding
    • History and evolution
    • Economic performance
    • Political systems
    • Legislation etc.
    • as well as environmental protection including SEA
SEA evolution in Europe i.
1. Pre-history (1970-80´)
   •   Certain level of environmental analyses is usually required
       within land-use / spatial plans preparation


2. First SEA applications (since mid-1980´):
   •   The Netherland applied
        “E-Test” for policies and legal proposals, and
        Detailed assessment of land-use plans, industrial
         development, waste management and energy production
         plans
SEA evolution in Europe ii.
3. Further development of practice and policy framework building
   (since early 1990´)
   • United Kingdom: since mid-1990´ appraisals of local
     development plans has to address (among others) environmental
     concerns
   • Czech Republic:
       EIA/SEA Act adopted in 1992
       1st SEA application in 1996
   • EU’s 5th Environmental Action Plan (1993): “…it seems only logical,
     if not essential, to apply an assessment of the environmental
     implications of all relevant policies, plans and programmes”
   • Convention on Biological Diversity (1993) “environmental
     consequences of programmes and policies that are likely to have
     significant adverse impacts on biodiversity are taken into account”
SEA evolution in Europe iii.
4. Unification of approach (since late 1990´)
   • EU SEA Directive (Directive 2001/42/EC on the assessment of the
     effects of certain plans and programmes on the environment)
       Proposal adopted by European Commission in 1996 and
        amended in 1999
       The amended text negotiated with the 15 MSs in 1999
       Formally adopted in 2001
       Had to be transposed until July 2004
   • Besides the EU SEA Directive, a number of EU MSs also signed and
     ratified UNECE SEA Protocol (Kiev, 2003)


5. EU MSs SEA practice in accordance with EU SEA Directive
   •   2004 – ???
Main principles of SEA in Europe i.
• Role and approach to SEA: Environmental assessment is an important tool
  for integrating environmental considerations into the preparation and
  adoption of certain plans and programmes ….. it ensures that environmental
  effects of implementing plans and programmes are taken into account
  during their preparation and before their adoption.
• Benefits of SEA: The adoption of environmental assessment procedures
  should lead to benefits by inclusion of the relevant environmental
  information into decision making, which should contribute to more
  sustainable and effective solutions.
    • SEA is applied as a part of planning / programming (however it can be
      recognized from the PPP preparation itself)
    • It often provides direct inputs to the PPP (environmental analyses, new
      alternatives and solutions)
    • Separate SEA report is prepared, but belongs to the PPP
    • SEA conclusions have to be (and really are) considered by decision-
      makers
Main principles of SEA in Europe ii.
• Consultations and participation: It is necessary to provide that authorities
  with relevant environmental responsibilities and the public are to be
  consulted during the assessment of plans and programmes. When a plan or
  programme is adopted, the relevant authorities and the public are informed
  and relevant information is made available to them.
    • SEA process are widely open for all interested stakeholders
    • Environmental and health authorities are invited to participate
    • Screening results are published as well as consultations are carried out
      within scoping (very often)
    • Draft PPP and SEA report is made available to environmental/health
      authorities and public and is a subject of consultations
    • Transboundary consultations (in case of likely transboundary impacts)
    • Final decision is published including statement explaining how SEA
      results have been considered in decision (or why not)
Information on decision
•   Environmental authorities and public shall be provided by the
    PP as adopted and a statement summarising how
    1.   environmental considerations
    2.   opinions on the draft PP and environmental (SEA) report
    3.   results of transboundary consultations
    …..have been integrated in the PP


    4.   the reasons for choosing the PP as adopted
    5.   monitoring measures
Benefits i.
• In many cases SEA leads to specific changes of PPP resulting in
  better environmental performance of its implementation
    New development priorities, new alternatives
    Environmental criteria for projects´ selection
    Conditions for implementation (defining “no-go” areas)


• SEA provides efficient opportunity for public to participate in
  SEA as well as in planning process
    Public is using SEA to enter the planning processes
    Public is well informed on PPP and its likely environmental impacts
    Proper consultations often lead to improvement of the PPP and better
     public acceptance of its implementation (less opposition against the
     PPP)
Benefits ii.
• SEA is recognized as a standard tool
    Planning agencies and planners are familiar with SEA and know what
     they can expect from it
    Results are taken seriously – planners often welcome “early warnings”
     and identification of likely risks


• SEA has improved policy-making and planning systems
    It has changed attitude of planers and decision-makers to the
     environmental protection and sustainable development
    SEA has brought some environmental issues on high policy-making and
     planning levels
    SEA has improved (mainly environmental) linkages between PPPs
    SEA has facilitated better cooperation among governmental agencies
Key challenges
• Too wide application – overuse of SEA (especially at the local
  level)
• Lack of general interests and lack of capacities to focus on the
  most important cases
• Only formal application (without any real effects – i.e. no
  modifications of the PPP and/or decision and/or PPP´s
  implementation)
• Low quality of analyses (and insufficient quality control) – may
  lead to refusal of SEA results and conclusions


• Beyond SEA: Poor implementation of the PPPs assessed
  through SEA (from local spatial plans to national policies)
Thank you for your
   attention!
 martin.smutny@integranet.cz

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Main principles, benefits and challenges of SEA implementation in Europe

  • 1. SEA in Europe: Main principles, key benefits and challenges of its implementation Martin Smutny Jakarta July 10th, 2012
  • 2. Europe • Covers altogether 46 countries + 3 countries only partially (Kazakhstan, Russia and Turkey) • European Union consists of 27 countries – EU member states (12 countries joined only in 2004 or later – so called “EU new MSs”) • There are significant differences among European / EU states regarding • History and evolution • Economic performance • Political systems • Legislation etc. • as well as environmental protection including SEA
  • 3. SEA evolution in Europe i. 1. Pre-history (1970-80´) • Certain level of environmental analyses is usually required within land-use / spatial plans preparation 2. First SEA applications (since mid-1980´): • The Netherland applied  “E-Test” for policies and legal proposals, and  Detailed assessment of land-use plans, industrial development, waste management and energy production plans
  • 4. SEA evolution in Europe ii. 3. Further development of practice and policy framework building (since early 1990´) • United Kingdom: since mid-1990´ appraisals of local development plans has to address (among others) environmental concerns • Czech Republic: EIA/SEA Act adopted in 1992 1st SEA application in 1996 • EU’s 5th Environmental Action Plan (1993): “…it seems only logical, if not essential, to apply an assessment of the environmental implications of all relevant policies, plans and programmes” • Convention on Biological Diversity (1993) “environmental consequences of programmes and policies that are likely to have significant adverse impacts on biodiversity are taken into account”
  • 5. SEA evolution in Europe iii. 4. Unification of approach (since late 1990´) • EU SEA Directive (Directive 2001/42/EC on the assessment of the effects of certain plans and programmes on the environment) Proposal adopted by European Commission in 1996 and amended in 1999 The amended text negotiated with the 15 MSs in 1999 Formally adopted in 2001 Had to be transposed until July 2004 • Besides the EU SEA Directive, a number of EU MSs also signed and ratified UNECE SEA Protocol (Kiev, 2003) 5. EU MSs SEA practice in accordance with EU SEA Directive • 2004 – ???
  • 6. Main principles of SEA in Europe i. • Role and approach to SEA: Environmental assessment is an important tool for integrating environmental considerations into the preparation and adoption of certain plans and programmes ….. it ensures that environmental effects of implementing plans and programmes are taken into account during their preparation and before their adoption. • Benefits of SEA: The adoption of environmental assessment procedures should lead to benefits by inclusion of the relevant environmental information into decision making, which should contribute to more sustainable and effective solutions. • SEA is applied as a part of planning / programming (however it can be recognized from the PPP preparation itself) • It often provides direct inputs to the PPP (environmental analyses, new alternatives and solutions) • Separate SEA report is prepared, but belongs to the PPP • SEA conclusions have to be (and really are) considered by decision- makers
  • 7. Main principles of SEA in Europe ii. • Consultations and participation: It is necessary to provide that authorities with relevant environmental responsibilities and the public are to be consulted during the assessment of plans and programmes. When a plan or programme is adopted, the relevant authorities and the public are informed and relevant information is made available to them. • SEA process are widely open for all interested stakeholders • Environmental and health authorities are invited to participate • Screening results are published as well as consultations are carried out within scoping (very often) • Draft PPP and SEA report is made available to environmental/health authorities and public and is a subject of consultations • Transboundary consultations (in case of likely transboundary impacts) • Final decision is published including statement explaining how SEA results have been considered in decision (or why not)
  • 8. Information on decision • Environmental authorities and public shall be provided by the PP as adopted and a statement summarising how 1. environmental considerations 2. opinions on the draft PP and environmental (SEA) report 3. results of transboundary consultations …..have been integrated in the PP 4. the reasons for choosing the PP as adopted 5. monitoring measures
  • 9. Benefits i. • In many cases SEA leads to specific changes of PPP resulting in better environmental performance of its implementation  New development priorities, new alternatives  Environmental criteria for projects´ selection  Conditions for implementation (defining “no-go” areas) • SEA provides efficient opportunity for public to participate in SEA as well as in planning process  Public is using SEA to enter the planning processes  Public is well informed on PPP and its likely environmental impacts  Proper consultations often lead to improvement of the PPP and better public acceptance of its implementation (less opposition against the PPP)
  • 10. Benefits ii. • SEA is recognized as a standard tool  Planning agencies and planners are familiar with SEA and know what they can expect from it  Results are taken seriously – planners often welcome “early warnings” and identification of likely risks • SEA has improved policy-making and planning systems  It has changed attitude of planers and decision-makers to the environmental protection and sustainable development  SEA has brought some environmental issues on high policy-making and planning levels  SEA has improved (mainly environmental) linkages between PPPs  SEA has facilitated better cooperation among governmental agencies
  • 11. Key challenges • Too wide application – overuse of SEA (especially at the local level) • Lack of general interests and lack of capacities to focus on the most important cases • Only formal application (without any real effects – i.e. no modifications of the PPP and/or decision and/or PPP´s implementation) • Low quality of analyses (and insufficient quality control) – may lead to refusal of SEA results and conclusions • Beyond SEA: Poor implementation of the PPPs assessed through SEA (from local spatial plans to national policies)
  • 12. Thank you for your attention! martin.smutny@integranet.cz